October 15, 1984 Council Meeting
cheduled meeting
meeting
Bacon.
of town. Also presen
Police Chief R. E.
Direc r Vic Broyles, P
Dameron, Civil Defense Jim
tor Scott Stokes and representatives
r and Council was held October 15, 1984 at Smyrna
order at 7:30 o'clock p.m. by presiding officer
members were present except James WilJ_iams who
ty Attorney Char E. Camp, City Clerk Willouise
Acting Fire Ch Hubert Cochran, Public Works
endent Jimmy Hinson, Assistant City Clerk Melinda
Farley, Librarian Doris Morris, Building Inspec-
of the press.
Invocation was given by Jim Hawkins,
followed by the pledge to the flag.
Jack Shi
member Cliff
esented a crystal jonquil to outgoing Parks & Recreation
and thanked him for serving on that board since 1978.
There were no citizens reports.
A roval of 1984/85 Jim Hawkins
to the next meeting si Mr. Williams
the motion which carried 6-0.
made
was
a motion the audit approval
absent tonight. Jack Shinall
be tabled
seconded
rezoning of 9.91 acres in Land Lo-t 529, King
Future Commercial to RM-12. Mayor Bacon said
this property since he has known the Nations'
fy himself. Mayor Bacon then turned the meeting
eson. Mr. Tolleson read a letter from Mayor Bacon to
he was the agent for 'the property and would disqualify
B. Wilmont Williams and both were sworn in by Attor-
Joel Harrell, Dixie James and Ken Vanderpool,
e were approximately 78 in the audience in favor
80 opposed. Mr. Dillard called on B. Wilmont Wil-
t Builders. Mr. Williams said his company has been
the county and they take pride in the projects they
ts increased surrounding property values.
received a copy of the booklet they prepared
and filed a copy with the Clerk. Mr. Dillard
acres of the 9.91 acres be rezoned from Future Commer-
. Dillard said the site plan that has been filed shows
Springs Road with a 50 foot buffer on King Springs
adjacent to Griffin Middle School. Mr. Dillard
was consistent with uses in and around the parti-
there are some medical offices and also commercial
. On this side of South Cobb Drive they did not find
down King Springs Road, with the retirement home across
that any accessibility to the property would have to
Future Commercial classification does not authorize
that the property be zoned to one of four commercial
h Cobb Drive is the only portion that is actually
Di:llard said these will all be two bedroom units
onsistent with other uses in the neighborhood, and
n from commercial to residential. Mr. Dil:lard said
nance would not be proper use of the property and
l approve the rezoning.
asked Mr. Mr. Williams owned the property. Mr. Dillard said
ontract to pur property but it is not SUbject to rezoning. Follow-
a question from Max Bacon, Mr. Di:llard said that Mr. Williams owns and manages
all the units he builds. Max Bacon said that Mr. Williams mentioned that his develop-
ments increased surrounding property values and asked how they could improve the
v::tlue. Mr. Di:llard said the opment would not have a detrimenta:l aff'ect on any
of the surrounding property. units will rent from $500 up.
the traffic stu
of'f'ice complex
H
j ected 686 trips
ps per day
Engineer
d
per day veraus 1,476 trips
from a neighborhood Shopping
ca:lled upon and sworn in by
ic report f'or Mr. Williams and
standards that have been developed. They
of the buildings to determine how many
October 15, 1984 - Continue~
trj_ps will
section
arld
the
south
said
:less
figures
be generated . Mr.
agreed it was
could be
and Mr.
Cobb Drive and
Road has the
c<rpacity.
arrived at
he also did the traffic count at the inter
the intersection is not at capacity
light. There was some discussion concerning
the major portion of the traffic is going
crossing is on the north Mr. Huffard
of J,4,000 cars per day and presently at
asked several questions about Mr. Huffard's
-.,.
Hugh Eag<rn
Mr. Dillard
distances
asked why they could not use South Cobb Drive for the
said there is not enough fro::1tage on South Cobb to
from major intersections. Hugh Ragan asked several
and their finding",. Rag<rn asked how many
zoning lived in SmYrna.. Dillard said he did not know,
in the zoning and they were not trying to impose them on
entrance and exit.
with limits
relative
present in
these people
council.
Darlene
spoke for the oppositon and said the Smyrna Homeowners
protect the homes and communities. The associa.tion
the development, and at their last meeting Mr.
to the drawing board. They realize he is a good
tactics he is using.
Association's
met with Mr.
Wi:lliams said
developer but
they
do not
Vice President of Association spoke in behalf of the
Mr. Harrell a one mile radius there are 852 multi-
built. This include 525 units already ex;isting and also
the 200 plus Towers and King Springs Village. Today,
contacted and had vacancies; therefore, there was some
the need for They a:lso talked to other developers in the
felt that the proper'ty is suitable for other uses. This location also
two school districts, King Springs and Griffin Middle. King Springs
at present and is pretty much at capacity. Griffin has 740 at present
of :l, 000. When deve:lopments are completed, the schools will
limit. The school has also indicated they have no funds available
Campbell High capacity and there is also the question of
children. M:,:>. there was also some question as to whether
existing water and could stand the strain asked if the
actually cost of city services. to a recent
Welker & this area has the highest rate of sewer prob
also stated have the highest rate of burglaries
this would quality of life in Smyrna. They felt this
do little or to enhance the community and asked that the
and sa_id he was th,c Community School
about the traffic on that street. King
ion in the City. Road is
ar'ea to Smyrna. The felt a small
the property. Mr. Vanderpool said there
between the two 3ides tonight, but there
cannot predict enrollment.
Mr.
proper category for this particular pie~e
property because the Future Comnercial
that classi f'ication are not sui table.
that could b'~ a v-iable use; however, RM-l2
from commercial use down to Griff'in S.::ho:::>l.
and could not understand W1iy there WJuld
not adversely af'f'ect the h,,,al th 7 safety
on the schools will Their
students from the 23 to 24
of large
Ken Vande::>pool, Hugh
tonight that h,e
reason for purchasing
be denied for the
two years ago
of children walking
school; 3) traffic
area since
two S';h'':lols in
classrooms and/or hire
stated that
currently
'for monetary
reasons: 1 )
th'':l'-1gh t
aild als':)
4) no more
ted today,
which may
teachers
which cou:ld result in negative cash flow to city and county taxes which would be
necessary; 6) office complex will create less disturbance; 7) possib:le overloaded
conditions and increased problems with the water and sewer system; 8) possible inter
ference with school children due to close proximity and noise created by the apartment
complex. Jim Hawkins seconded the motion to deny. Jack Shinall said each development
he has seen of Mr. Williams' has been good. Everyone here tonight had some good points
and fe:l t this would be a decision to be made in the court. Vote on the motion to
deny carried 5-0.
Jim Tolleson called for a 5 minute recess and the meeting was reconvened by Mayor
Bacon.
Walter E. Moffett requested a variance on the front setback from 50 feet
t for construction of a canopy at Amoco Oil on South Cobb Drive. This request
was tabled at the last meeting and Mr. Moffett said they wou:ld instal:l a sign
indicating no left turns Springs Street from 7:00 to 9:00 a.m. and 4:00
to 6:00 p.m. They will al ate one driveway on the front. Mr. Moffett said
they felt the new facility be a big improvement over the old one and also help
the traffic situation.
Mr. Williamson in the
:in the area. He said he
proved. It was agreed that
expressed his opposition again because of traffic
complaint on the sethack as :long as traffic was im-
ity wou:ld install the no left turn signs.
.Tack Shinall
no l
Street
seconded the
3 foot setback be approved with the stipulation that
be allowed onto South Cobb Drive or Powder Springs
: 00 to 9: 00 a.m. and 4: 00 to 6: 00 p.m. Kathy Brooks
ed 6-0.
made a
s from
the
motion
Jim
waiver of the 10 foot :landscaped strip required
center at Spring and Atlanta Road. There was no
al interested residents from Atlanta Terrace. Mr.
that the entire 10 foot strip be eliminated, only
point of the landscaped strip from the curb cut
feet. Mr. Miller said they would replace the guard
ce to prevent traffic from using that street. A:lso,
Road they would prevent left hand turns. Mr. Miller
k on Spring Road and maintain a 10 foot buffer
Bacon stated that Mr. Miller has a letter from the
oving the driveway cuts. Max Bacon made a motion
following stipulations: l) Replace all sidewalk;
ce; 3) maintain certain amount of landscaped
city engineer about no left turns on Atlanta
ntain setbacks on south side of the property.
ch carried 6-0. (Rescinded-see minutes of 7/15/85)
John R. Goss requested a variance on front building setback :line from
30 feet. This variance was also tabled at the last meeting. Mr. Goss said
there is a detention bas property for water runoff and as requested, he
had met with Jim Ma:l the underground basin. Mr. Mallett had stated
the system seems to be also contacted the owners of the Shopping center
and they have given to the underground retention system. Mr. Goss
said the property is and they need the variance to place the bui:lding
the ty and room for a drive through lane to the rear. The
canopy on extends 42 feet over the existing set back
8 feet of They would like to build a restaurant on
that will ex over the building setback line and actua:l:ly
farther away from the way. There was no opposition from the audience
Hawkins made a m variance be approved. Jim Tolleson seconded the
hich carried 6-0. - see minutes of 7/15/85)
A variance request by John H. Switzer to reduce the landscaped strip for
of a new Days Inn was withdrawn.
a variance for new construction on Spring Street
presented three different variance requests
t choice. Mr. Johnson said without
narrow the bu down to approximately 30 feet
the property. will be a 5,500 square foot
James Wi:l:liams could not be here tonight and this
decision tonight. Max Bacon said it appears
lot and also felt reluctant to
did not have :letters from
know they were required. Jack
next meeting to give Mr. Johnson
from
plans
6-0.
property owners and
a multiple choice.
also
Max
allow council
Bacon seconded
-..
L. Crowe waiver of the 10 foot landscaped strip on
construction of Shopping Center. represented
said this would strip shopping center were very
they could building because the lot is small and three
a 50 foot setback. when Spring Road was widened Mr. Crowe donated
his property :for project. There was no opposition and Jim Tolleson
a mot.ion the variance be approved. Kathy Brooks seconded the motion which carried
:l5
made
6-0.
building permits were presented by Inspector
as follows:
1 )
requested a permit
of $2.5 million.
approval of the City
carried 6-0.
construction at 2700
Tolleson made a motion the
and Fire Marshal. Jim
Drive at a total
be approved
seconded the
of Post Village
at a tota:l est
subject to
the motion which
Lake Park Drive requested a permit to repair
of $85,000. Jim Tolleson made a motion the
the City Engineer and Fire Marshal. Jack
carried 6-0.
~
a permit for construction of a silo at a
Attorney A:l ton Curtis represented Glen Robinson
and 15 feet in diameter and would be used
insecticides. The silo storage of this product
$100 per ton. Mr. Curtis said he has contacted
nonflammable noncarcinogenic.
any dust or ion. The silo
:feet off the line and not
they were prepared red maple
next to the townhomes. Director
with the product being there. Max
that he cou:ld see and could not support
motion the permit be approved. Jack Shinall
Jim Tolleson, Jack Shinall and HUgh Ragan
Brooks opposed. Mayor Bacon vote4 in the affir-
permit.
to
which
Road requested a permit for an addition
of $20,000. Jim Hawkirlsmade a motion the
the City Engineer and Marshal. Hugh
''-IIi
new construction at 5300 Highlands Parkway
Ragan made a motion the permit be approved
and Fire Marshal. Jim Tolleson seconded
requested
cost of
of the
carried 6-0.
new construction at 5100 FIighlands Parkway
Bacon made a motion the permit be approved
and Fire Marshal _ Kathy Brooks seconded
requested
cost of $
the
carried 6-0.
construction at
made a motion
Fire Marshal. Jim
Parkway
approved
seconded
Ese Enterprises req1;<ested
cost of' $
of' the City
6-0.
neW construction at 4700 FI~ghlands Parkway
Ragan made a motion the be approved
and Fire Marshal. Jim seconded the
an application for annexation by Johnny
as follows:
the la:l;ld
CO:l;lt
city
thr
1976,
wit:
who constitute sixty percent (60%) of' the electors reside1;1t in
ibed below and who constitute sixty percent (60%) of' the owners of'
area by acreage of' the area described below, which is unincorporated and
the City of apply to have said area annexed into the
u1;1der the Oode of Georgia Apnotated, Sections 69-904
(Georgia Pages 409, 410, 411, 412, 413; 1971, 399;
lOll, l012; be annexed being described as follows, to
All that tract or
2ud Section, Oob
being in Land Lot 733, 17th District,
particular:ly described as f'ollows:
on the south 1.and lot li1;1e of Land Lot 733, 646.74 feet east
of Land Lot 733; rUnning thence north 21 degrees 02 minutes
a point marked by an iron pin on the south side of
ell Road); running thence uorth 57 degrees 02 miuutes
of' way of' Windy Hill Road to a point marked by an
30 degrees 39 miuutes 39 seconds east 630.65 feet
south 30 degrees 39 miuutes 43 seconds east 212.09
theuce south 30 degrees 38 minutes 03 seconds
theuce south 30 degrees 39 minutes 54 seconds
south of Laud Lot 733; running thence
s 16 m 25 seconds west 395.52 f'eet to
y direct on south 88 degrees 53 minutes 58
iron pin; running thence in a westerly direction south
'West for a distance of 151.. 95 f'eet to an iron pin
BEGINNING, 16.351 acres according to a survey for Johnny Roper
, 1984, by Olifford A. Smith, a Georgia Registered Surveyor.
GNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID
THE CITY OF SMYRNA.
of 60% of' the electors resident in the area described below:
of' the
o:f 60%
title holders of the fee
land area above described
simple title,
by acreage:
record
o:f the
or his
s/JOHNNY
Jim Tol1.eson made a
set for November 1.9,
ture be validated a!).d the pUblic heariug date
seCOnded the motion which carried 6-0.
:for a cab aud chassis for a Parks Department truck were opened,
as f'ollows:
Wade Ford
$8,300 (1984 or 1985 mode1.)
Days Ohevrolet
$9,110 (1985 model)
d be awarded to Wade Ford, the low bidder, to be
Department salaries. Jim Hawkins seconded the
II made a mot
money saved in
motion which carried 6-0.
Max Bacon made a motion the bids ope!).ed last meeting f'or two cabs and
the Sanitation Department be awarcled to Complete Ref'use at $29,935.27
Hawkins seconded the motion which carried 6-0.
made a motion bids be requested for a new sound system :for
to be opened November 5th. Jack Shinall seconded the motion
Hugh Ragan made a motion that approval be given to advertise
the zoning ordina!).ce concerning variance procedures to be heard
Shinall seconded the motion which carried 6-0.
Jack Shinall said that after a lot of' hard work
has beeu reached on the concession agreement f'or
will provide recreation :facilities as required
to the oity, with a cash benef'it in return. Jack said
approved by the Department of' Interior and hopefully
tomorrow. Jack read the resolution (copy to be made a part
and made a
approved. Kathy Brooks
the m.otion
as
Chief'.
(Public
Board
other Board
Hawkins stated that Ted
and Police and
The tests be
w
Jim
we have made
that our f'ire
we needed was a
SUbmitted.
to I. S .0., an
f'rom 6 to 4. The
water system and this
rating
we applied
have a map,
cutoff date for
everyone of' the
the Library
Qarnival at
made a motion the
motion which carried
be suspended to make a
Jim HaWkins
1984
which
made a
the
the motion
insurance act has been
in considerable loss
Qamp be authorized
meeting scheduled ,for
deClaring
f'or the
intervene on
October 22nd.
...
6-0.
on Eugene
for
Executive Golf', Inc.
the new golf' course
briefly
Smyrna Park.
With
business, meeting
at 10:45 p.m.
:\~
/ c::;~-,.eo
e City of
Georgia (the
Corporation {the
owner of cert
gia known as
real. property
North Smyrna
property is
he Bureau of
r ior of the
ty's desire
greement,
by it 0 r
~f the same
egul.ations,-
Bureau as
to the City,
ffective to
the subject
Any ru l. e,
rd which may
before
ications
parties
on said
e Thousand
enants and
agree as
rties that
year which
oncession fees to
formed by the
grant unto
1 icense to
01f course,
activities
in EXHIBIT "A"
erence.
vements now or
attachments,
es attached
s, trees or
rty or under
(the "Premises") for
begin on the date
therefrom (the
rst right option
such terms and
using their best
(and not
without
ss ire for
wit the fo1l
essionaire)
1 e cause",
development
:2
f the term, City
tota 1 cost of
Premises;
(20) of the
equal to
capital
cost of
eciation
line basis
with year six
the City in
the unpaid
ust Company
ance owed
with the
he contrary
1 create any
third party
3..
granted herein,
amounts set
rated herein
the City,
ring two
fees and
ipants
ity, for the
unreasonably
including a
opment of the
ime schedule
complet date, and the
all be open for use by the
ons").. essionaire
state, nal laws,
cable ation of
Ru ations of
tment of t yrna and
the City and t eau, and any
cessary or i tal to the
and the grant of e concession
ing and
of the C
for any rea
the Facility
ire and the
professional
3
is Agreement
. nal fees
City.
City with a
nt and with
proved and
ormance of
agrees to the following time
ished to the
s Agreement;
,
hundred and
and;
othing herein
secu ring by
otherwise,
incurred in
titl.e of the
lated security
s from the date
the premises and
as collateral.
Concessionaire
event that a
Agreement by
borrowing of
signment shal.l be
5.
records in
and sha 1l.
as prepared
ained by
audit the
days notice and
4
one
6.
for 1.awful
ion with the
shall comply
regulations
the Premises
the City upon
extensions of
vements and
erty of the
fu 1. 1.
first right
City at any
eof, offer
purchase
granted
ffered by the
to the City by an
recovery and
party, or its
amount of any
;t.oss.
damage
fire, wi
Concessi
building or
or any other
to surrender
5
o terminate
ns,. or to
thereaf
anding any 1
this Agreement,. to
se any rebate or
ecoming due under
ru1e or regu1ation
truction of the
ua1ty, the
ts 10cated on
defend (with counse1
its agents,. and
ities,. 10sses,.
y's fees and
its agents or
any person or
Premises and
ionaire,. its
ers,. it being
stored or
at the risk of
be in addition
the insurance as
ischarge of or
1ity insurance so
contractura1
this Agreement
ad va10rem,. or other
and/or the operation
ter, sewer,. gas,.
i11s incurred by
remises.
ring the term of this
shou1d become ves
y virture of
ight of eminent
essionaire and
the event
be
e comme
rminate as of
greement,.
a pub1ic
ise of a
,. or by
ty under
t tit1e to a
ring continued
unreasonab1e,.
time of vesting
6
either party shall be further
t for occurrences antedating such
or transfer,
hereof, it is
ties may make
y for damages
rties hereto
at any time
rmine that the
n the National
under this
ent of the
ment sha 11
ns of this
ies hereto
hstanding any
Concessionaire covenants and
or more of the following events
default:
11 fail to make any semi- annual
ee en it becomes due under the
such failure to pay shall
days.
It in any of the
h covenant
nt effort by
performed within
d a bankrupt; or
Concessionaire's
'nterest in the
from City to
ereof; or (f)
r fai1.s to
ring norma1.
y (30) days,
ave the option
to and not in
1.aw or by this
ave no further
in which event
the demised
1. so to do,
ce to any
arrearages,
or remove
if necessary,
any claim for damages
legal action
the terms of
for monetary
ement, re-enter the
r otherwise, and in
remov ing a 11.
ses and such
in public warehouse or
of, and fo account of
t serv ice of or resort to
ing deemed gu or trespass, or
loss or damage which may be
ult. Upon the occurrence of any
r Concessinaire may pursue any of the
are the term
shall not
1 ions
righ
personal
of this Agreement
to work a
her party
ereunder of the
roperty from the
claims.
t and
for th esent
is lawful1.y
has good and
a1.1 tenancies,
8
those reserved in that certain
28, 1977, and between the
the C Smyrna, Georgia.
terms agreement, that
is not ault hereunder
ble of the premises
fered the City.
r
have immediate occupancy of the
19.
required or
shall be in
ly given or
ited in the
rtified with
the time period
request must be
the addressee
or inability
no notice has
notice, demand or
e, demand or request shall be
t forth below (or such
receiving the notice shall have
r party);
P.O. Box 1226
Smyrna, Georgia 30081
With a copy ".1'0:
Charles E. C
COCHRAN, C SNIPES
2950 Atlanta S reet, S. E.
Smyrna, Georgia 30080
As to Cone
onaire:
Executive , Inc.
797 Kiowa D e, N. E.
Marietta, Georgia 30060
With a Copy
Thomas H.. Ro
John H. Moor
274 Washington enue
Marietta, Georgia 30060
1 be interpreted and enforced in
the State of Georgia, and shall
hereto, their heirs, successors
(c)
Time is of
essence of this contract.
9
of this Agreement
for reason by
lare that
all ining section and
all remain in full force and
may be amended but only upon the
o and only in writing.
the parties hereto have set their
first above written.
d
"
By:
By:
(Seal)
with land of the United
Air Base, hereinafter
ce Base in Lots 518, 563 and
Section, County, Georgia,
y on the North, East and South by
Base on the West by the
and more particularly
rce Base boundary
East 125.62 feet
Base boundary
; thence;
Force Base
to an iron
feet to an
feet to an
.37 feet and
to an iron
, along the
s 22 minutes
and containing
east portion of the property
, the r of ingress and
t parkin rivileges on the
EXHIBIT ABA
the first five
rees to pay to
amount of $5,000.00
even (J.1)
sha 11 be
tained by
(ii) the
preceeding
plus fifty
rounds.
le by check mailed
or such other
essionaire in
The Concession
(10) days
open to
ts sha1l
9 the Term.
at the earnest
ire to the City
the first annual
RESOLUTION
WHEREAS,
Uni ted States
Dobbins Air F
OF SMYRNA has received from the
rica, certain acerage adjacent to
, through a grant ;
AND WHERE
formulat
of the
recreat
grant provides that the City should
the City will provide utilization
own as NORTH SMYRNA PARK for
or its citizens;
gene Jarrell as the chief officer
Executive Golf, Inc., and who is
and ope of golf courses, has
cession Agr ent with the City to
golf course on a ortion of the
reation to the ci t zens and which
the city to defray the expenses of
remainder of the property and for
ation purposes;
form of
subject to the approval of
NOW TH
BE IT RESOLVED THAT the Mayor is hereby
authorized
into a Concession Agreement in the
attached, subject to the
reveiw of the
the Bureau of
reation of the Department of the
Interior of the United States of America or its designee,
and
thereafter said concession agreement shall be
maintained
t of the City Records by the Clerk of
the City of S